Divorce & Separation

Around 40% of marriages now end in divorce. Although this means that getting divorced is likely to be an event in many people’s lives, we understand that it’s never easy. We aim to provide a supportive yet professional service that responds to our clients’ particular needs.

Divorce & Separation Lawyers Paisley & Glasgow, Scotland

In Scotland, the law only recognises one ground for divorce and that is the ‘irretrievable breakdown of the marriage’. This can be established in a number of ways:

If both parties agree to the divorce and they have lived separately for one year

If only one party wants to separate, then the parties must have lived apart for two years

Unreasonable behaviour on the part of one of the parties to the marriage

Adultery

Our family lawyers are here to help you to find your way through the process of divorce. In most cases, the most important issues are the division of the matrimonial property and finances and the children’s welfare.

The division of matrimonial property in Scotland is governed by the Family Law (Scotland) Act 1985. This Act sets out how property and money is divided between the parties and how much (if any maintenance) should be paid.

Most couples choose to sort out the financial and property aspects of the divorce first, allowing them to undertake the actual divorce in a more straightforward way. In some cases, however, this isn’t always possible.

If this isn’t possible, it may be necessary to go to court. The court will hear evidence from both parties and decide how best to divide the matrimonial property.

Dissolution of Civil Partnerships

Since 2004, same sex couples have been able to enter into Civil Partnerships in Scotland. Since 2014, it has been possible for same-sex couples to get married in Scotland. Many people have taken advantage of these pieces of legislation and have entered into civil partnerships and same-sex marriages. Yet, as with all relationships, these can break down from time to time. When this happens, the civil partnership can be dissolved. The procedure is largely the same as a conventional divorce.

As with divorce, the main issues are usually around property. Financial disputes are resolved in much the same way as between conventional married couples. What this means in practice is that ex-civil partners may be able to claim for support (known as aliment) and periodical allowances. Similarly, claims can be made for capital sums, shares of pensions and so on. Where civil partnerships are concerned, these disputes have to be settled before the dissolution formally takes place.

If you wish to separate from your partner and are unsure how to proceed, or you would like more information, call us on 0141 887 5181 for our Paisley branch or 0141 551 8185 for our Glasgow branch or click here to get in touch. Our family lawyers are based in Paisley and have helped thousands of clients just like you.

Civil Partnerships

Since 2004, same sex couples have been able to enter into Civil Partnerships in Scotland. Since 2014, it has been possible for same-sex couples to get married in Scotland. Many people have taken advantage of these pieces of legislation and have entered into civil partnerships and same-sex marriages. Yet, as with all relationships, these can break down from time to time. When this happens, the civil partnership can be dissolved. The procedure is largely the same as a conventional divorce.

As with divorce, the main issues are usually around property. Financial disputes are resolved in much the same way as between conventional married couples. What this means in practice is that ex-civil partners may be able to claim for support (known as aliment) and periodical allowances. Similarly, claims can be made for capital sums, shares of pensions and so on. Where civil partnerships are concerned, these disputes have to be settled before the dissolution formally takes place.

If you wish to separate from your civil partner click here or call us on XXX